Musitov and Others v. Ukraine

FIFTH SECTION

Application no. 38206/23 Aslambek Selymovych MUSITOV against Ukraine and 22 other applications

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 7 May 2025 as a Committee composed of:

Diana Sârcu , President , Kateřina Šimáčková, Mykola Gnatovskyy , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants were represented by Mr S. Kulbach, a lawyer practising in Limoges.

The applicants’ complaints under the Convention were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants’ representative, who was invited to submit his own observations by 28 November 2024 (see appended table for details). No reply was received by the Court.

By letter dated 21 January 2025, sent through the Court’s Electronic Communication Service (eComms), the applicants’ representative was notified that the period allowed for submission of his observations had expired and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. Mr Kulbach downloaded the letter on the same day. However, no response has been received.

THE LAW

Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine them jointly in a single decision.

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.

Accordingly, the applications should be struck out of the list of cases.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Done in English and notified in writing on 28 May 2025.

Viktoriya Maradudina Diana Sârcu Acting Deputy Registrar President

APPENDIX

List of applications

No.

Application no.

Introduction date

Applicant Year of Birth

Complaints communicated

Date of sending Government’s observations to the applicant’s representative

Date of the

Court strike-out warning letter

1.

38206/23

04/10/2023

Aslambek Selymovych MUSITOV 1976

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;

Art. 6 (1) - excessive length of criminal proceedings;

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;

Art. 5 (3) - excessive length of pre-trial detention.

17/10/2024

(by eComms – not downloaded)

21/01/2025

(by eComms, downloaded on 21/01/2025)

2.

2880/24

12/01/2024

Igor Igorovych PAVLENKO 1987

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;

Art. 6 (1) - excessive length of criminal proceedings;

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;

Art. 5 (3) - excessive length of pre-trial detention.

3.

7444/24

11/03/2024

Volodymyr Volodymyrovych BABKIN 1986

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

4.

7445/24

11/03/2024

Andriy Mykolayovych GOLOVATYUK 1988

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

5.

7446/24

11/03/2024

Kostyantyn Leonidovych KONONENKO 1991

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

6.

7449/24

11/03/2024

Fedor Romanovych GLUKHOV 1991

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;

Art. 6 (1) - excessive length of criminal proceedings;

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;

Art. 5 (3) - excessive length of pre-trial detention.

7.

7452/24

11/03/2024

Vadym Vyacheslavovych SHALAY 1982

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

8.

7455/24

11/03/2024

Denys Sergiyovych AREFYEV 1997

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

9.

7459/24

11/03/2024

Sergiy Volodymyrovych GULYVATYY 1983

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

10.

7468/24

11/03/2024

Andriy Gennadiyovych TARASOV 1983

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

11.

7771/24

11/03/2024

Igor Oleksiyovych MARUNKEVYCH 1996

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

12.

7773/24

11/03/2024

Oleksiy Viktorovych VLASENKO 1976

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

13.

7901/24

11/03/2024

Volodymyr Viktorovych MARYNIN 1979

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;

Art. 6 (1) - excessive length of criminal proceedings;

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;

Art. 5 (3) - excessive length of pre-trial detention.

14.

7903/24

11/03/2024.

Oleksandr Oleksandrovych KHRYSTENKO 1995

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

15.

10209/24

04/04/2024

Ruslan Oleksandrovych KONIVTSOV 1989

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

16.

10213/24

04/04/2024

Vasyl Vasylyovych BERESTOVSKYY 1980

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;

Art. 5 (3) - excessive length of pre-trial detention.

17.

10216/24

04/04/2024

Ruslan Yuriyovych VOLOSHYN 1979

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;

Art. 6 (1) - excessive length of criminal proceedings;

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.

18.

10225/24

04/04/2024

Mykola Viktorovych LEGKYY 1980

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

19.

10226/24

04/04/2024

Dmytro Petrovych TKACHENKO 1989

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

20.

10280/24

04/04/2024

Oleksandr Oleksandrovych MOROZOV 1959

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

21.

10598/24

04/04/2024

Sergiy Volodymyrovych PETRUSHKO 1978

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;

Art. 5 (3) - excessive length of pre-trial detention.

22.

12131/24

04/04/2024

Oleksandr Oleksiyovych RUBAN 1949

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.

23.

12195/24

04/04/2024

Igor Anatoliyovych GLOBA 1970

Art. 3 - inadequate conditions of detention;

Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;

Art. 5 (3) - excessive length of pre-trial detention.